Commonwealth, Department of Child Welfare v. Jarboe

OSBORNE, Judge.

This is a proceeding by Richard O. Jar-boe and his wife, Lula Mae Jarboe, to adopt Michael Lee St. John. The circuit court entered an order permitting the adoption. We reverse.

The facts of the case are lengthy and novel. Because of the nature of the proceeding, they will have to be stated in full.

On December 8, 1967, the Department of Child Welfare of the Commonwealth of Kentucky entered into a written contract with Richard O. Jarboe and his wife, Lula Mae Jarboe, providing that Mr. and Mrs. Jarboe would take into their home an infant by the name of Michael Lee St. John and…